§ 4247. General provisions for chapter
(a)
Definitions.—
As used in this chapter—
(1)
“rehabilitation program” includes—
(A)
basic educational training that will assist the individual in understanding the society to which he will return and that will assist him in understanding the magnitude of his offense and its impact on society;
(B)
vocational training that will assist the individual in contributing to, and in participating in, the society to which he will return;
(2)
“suitable facility” means a facility that is suitable to provide care or treatment given the nature of the offense and the characteristics of the defendant;
(5)
“sexually dangerous person” means a person who has engaged or attempted to engage in sexually violent conduct or child molestation and who is sexually dangerous to others; and
(6)
“sexually dangerous to others” with respect [1] a person, means that the person suffers from a serious mental illness, abnormality, or disorder as a result of which he would have serious difficulty in refraining from sexually violent conduct or child molestation if released.
(b)
Psychiatric or Psychological Examination.—
A psychiatric or psychological examination ordered pursuant to this chapter shall be conducted by a licensed or certified psychiatrist or psychologist, or, if the court finds it appropriate, by more than one such examiner. Each examiner shall be designated by the court, except that if the examination is ordered under section
4245,
4246, or
4248, upon the request of the defendant an additional examiner may be selected by the defendant. For the purposes of an examination pursuant to an order under section
4241,
4244, or
4245, the court may commit the person to be examined for a reasonable period, but not to exceed thirty days, and under section
4242,
4243,
4246, or
4248, for a reasonable period, but not to exceed forty-five days, to the custody of the Attorney General for placement in a suitable facility. Unless impracticable, the psychiatric or psychological examination shall be conducted in the suitable facility closest to the court. The director of the facility may apply for a reasonable extension, but not to exceed fifteen days under section
4241,
4244, or
4245, and not to exceed thirty days under section
4242,
4243,
4246, or
4248, upon a showing of good cause that the additional time is necessary to observe and evaluate the defendant.
(c)
Psychiatric or Psychological Reports.—
A psychiatric or psychological report ordered pursuant to this chapter shall be prepared by the examiner designated to conduct the psychiatric or psychological examination, shall be filed with the court with copies provided to the counsel for the person examined and to the attorney for the Government, and shall include—
(2)
a description of the psychiatric, psychological, and medical tests that were employed and their results;
(4)
the examiner’s opinions as to diagnosis, prognosis, and—
(A)
if the examination is ordered under section
4241, whether the person is suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense;
(B)
if the examination is ordered under section
4242, whether the person was insane at the time of the offense charged;
(C)
if the examination is ordered under section
4243 or
4246, whether the person is suffering from a mental disease or defect as a result of which his release would create a substantial risk of bodily injury to another person or serious damage to property of another;
(D)
if the examination is ordered under section
4248, whether the person is a sexually dangerous person;
(d)
Hearing.—
At a hearing ordered pursuant to this chapter the person whose mental condition is the subject of the hearing shall be represented by counsel and, if he is financially unable to obtain adequate representation, counsel shall be appointed for him pursuant to section
3006A. The person shall be afforded an opportunity to testify, to present evidence, to subpoena witnesses on his behalf, and to confront and cross-examine witnesses who appear at the hearing.
(e)
Periodic Report and Information Requirements.—
(1)
The director of the facility in which a person is committed pursuant to—
(B)
section
4243,
4244,
4245,
4246, or
4248 shall prepare annual reports concerning the mental condition of the person and containing recommendations concerning the need for his continued commitment. The reports shall be submitted to the court that ordered the person’s commitment to the facility and copies of the reports shall be submitted to such other persons as the court may direct. A copy of each such report concerning a person committed after the beginning of a prosecution of that person for violation of section
871,
879, or
1751 of this title shall be submitted to the Director of the United States Secret Service. Except with the prior approval of the court, the Secret Service shall not use or disclose the information in these copies for any purpose other than carrying out protective duties under section
3056
(a) of this title.
(f)
Videotape Record.—
Upon written request of defense counsel, the court may order a videotape record made of the defendant’s testimony or interview upon which the periodic report is based pursuant to subsection (e). Such videotape record shall be submitted to the court along with the periodic report.
(g)
Habeas Corpus Unimpaired.—
Nothing contained in section
4243,
4246, or
4248 precludes a person who is committed under either of such sections from establishing by writ of habeas corpus the illegality of his detention.
(h)
Discharge.—
Regardless of whether the director of the facility in which a person is committed has filed a certificate pursuant to the provisions of subsection (e) of section
4241, 4244, 4245, 4246, or 4248, or subsection (f) of section
4243, counsel for the person or his legal guardian may, at any time during such person’s commitment, file with the court that ordered the commitment a motion for a hearing to determine whether the person should be discharged from such facility, but no such motion may be filed within one hundred and eighty days of a court determination that the person should continue to be committed. A copy of the motion shall be sent to the director of the facility in which the person is committed and to the attorney for the Government.
(i)
Authority and Responsibility of the Attorney General.—
The Attorney General—
(A)
may contract with a State, a political subdivision, a locality, or a private agency for the confinement, hospitalization, care, or treatment of, or the provision of services to, a person committed to his custody pursuant to this chapter;
(B)
may apply for the civil commitment, pursuant to State law, of a person committed to his custody pursuant to section
4243,
4246, or
4248;
(j)
Sections
4241,
4242,
4243, and
4244 do not apply to a prosecution under an Act of Congress applicable exclusively to the District of Columbia or the Uniform Code of Military Justice.
[1] So in original. Probably should be followed by “to”.